MCQ on Tort

21. The maxim ‘volenti non fit injuria’ applies

(a) when one is compelled to do work despite his protest.
(b) when one adopts a risky method of work under his own free will.
(c) when one works under constant risk oflife but during the accident, he was notwarned though he is aware of the risk.
(d) both (a) and (c).

 22. The defence of volenti non fi t injuria, is notavailable
(a) if the consent is obtained by compulsion.
(b) if the consent is obtained by fraud.
(c) if the consent is obtained under a mistake.
(d) all the above.

 23. A music teacher committing sexual inter-course with a minor girl having obtainedher consent for the same under the pretextthat the same is required to improve hervoice was held guilty of rape in
(a) R. vs Catherine
(b) R. vs Clarence
(c) Ashby vs White
(d) A. vs Williams

24. Volenti non fit injuria is available
(a) when the plaintiff consents to take riskbut the defendant is negligent.
(b) when the plaintiff consents to take riskand the defendant is also not negligent.
(c) both (a) and (b).
(d) neither (a) nor (b).

 25. Inevitable accident means
(a) an act of God.
(b) an unexpected injury which could nothave been foreseen and avoided.
(c) an unexpected injury which could havebeen foreseen and avoided.
(d) both (a) and (b).

 26. The doctrine of vicarious liability applieswhen there is a
(a) relationship of principal and agent.
(b) relationship of partners.
(c) relationship of master and servant.
(d) all the above.

 27. Under the rule of vicarious liability
(a) master is liable for the torts committedby his servant.
(b) employer is liable for the torts commit-ted by his employee.
(c) employer is not liable for the torts com-mitted by an independent contractor.
(d) both (a) and (b) are incorrect

28. The test of reasonable foresight in determining the remoteness of damages was first applied in
(a) Re: Polerris
(b) Wagon Mannd case
(c) Doughty vs Turner Manufacturing
Co. Ltd.
(d) S. C. M. (United Kingdom) Ltd. vs W. J. Whittal & Sons

29. When the ‘innuendo’ is proved
(a) the words which are not defamatory in ordinary sense may become defamatory.
(b) the words which are defamatory in
ordinary sense may become non- defamatory.
(c) the words which are not defamatory
in ordinary sense shall remain non- defamatory.
(d) the words which are defamatory in ordinary sense shall remain defamatory.

30. For defamation, a tort
(a) should be in respect of a living person
only.
(b) can be in respect of a deceased person.
(c) both (a) and (b).
(d) either (a) or (b).

Answers –

21. (b) 22. (d) 23. (d) 24. (b) 25. (b) 26. (d) 27. (c) 28. (b) 29. (a) 30. (a)